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(영문) 창원지방법원 2018.08.23 2017노3615
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. According to the summary of the grounds for appeal and the statement by the J, etc., the lower court found the Defendant guilty of this part of the charges, on September 9, 2016, although the Defendant was found to have committed an indecent act by force against the victim on September 9, 2016. Therefore, the lower court erred by misapprehending the facts due

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

A. On September 9, 2016, among the facts charged in the instant case, the prosecutor applied for the amendment of the applicable legal provision to the effect that the indecent act by force (Article 260(1) of the Criminal Act) was committed on September 9, 2016 among the facts charged in the instant case (Article 2(2) of the facts charged), the facts charged are the primary facts charged, and the facts charged as stated in the “criminal facts” added by the following [the reasons for the new judgment] is the preliminary facts charged, and the name of the crime was “brus”, and the applicable legal provision was amended to “Article 260(1) of the Criminal Act,” and the same court

B. In addition, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of institutions, etc. related to children and juveniles for a period of ten years for the same sex offense, was amended by Act No. 15352 on January 16, 2018, and Article 56(1) and (2) of the same Act provides that the court shall determine the period of restriction on employment within the scope of ten years for each defendant in consideration of the severity of the offense, risk of recidivism, etc. while sentencing a punishment for an individual sex offense was sentenced by the court, and Article 3 of the Addenda of the same Act provides that Article 56 of the same Act provides that the amended provisions shall apply to persons who committed a sex offense before July 17, 2018, on which the above Act enters into force, and who did not receive a final judgment, the above amended provisions also apply to the compulsory indecent act recognized as guilty, and thus, the judgment of the court below may no longer be maintained in this case.

(c).

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